§15-21-34. Summoning and compensation of guards to convey prisoner.

(a) When the person on whose behalf a writ of habeas corpus is sued out is charged with a public offense, the officer or person having charge of him may summon a sufficient guard to aid in conveying him before the court or judge before whom the writ is returnable and conveying him back again if he is not discharged.

(b) In the case provided for in subsection (a) of this section, the officer and guards are entitled to the same compensation as for removing any prisoner on a change of venue, to be paid in the same manner. Such guards are under the control of the officer summoning them, and any guard who refuses to obey or violates the lawful instructions of such officer is guilty of a misdemeanor.

(Code 1852, §§749, 750; Code 1867, §§4300, 4301; Code 1876, §§4976, 4977; Code 1886, §§4799, 4800; Code 1896, §§4852, 4853; Code 1907, §§7047, 7048; Code 1923, §§4346, 4347; Code 1940, T. 15, §§42, 43.)